Legal Opinion

John J. Costello v. United States of America, Floyd E. Stevens v. United States

Court of Appeals for the Ninth Circuit

Decided December 7, 1978No. 76-2004, 76-2005PublishedCited by 20 opinions

1Opinion of the Court

MERRILL, Circuit Judge:

Before 1963, the compensation of retired military personnel was calculated with reference to the pay received by those on active duty; when the active duty pay scales increased or decreased, retirement pay was correspondingly recomputed. In 1963, Congress changed the statute so that adjustment of retirement compensation was tied to the cost of living index, rather than to the active duty pay scales. Appellants are military personnel who retired before the 1963 statutory changes went into effect. They brought suit under the Tucker Act, 28 U.S.C. § 1346(a)(2), claiming…

2Cases cited8 opinions

  1. United States v. LarionoffSupreme Court of the United States · 1977
  2. United States v. DickersonSupreme Court of the United States · 1940
  3. Bell v. United StatesSupreme Court of the United States · 1961
  4. United States v. TylerSupreme Court of the United States · 1882
  5. Lemly v. United StatesUnited States Court of Claims · 1948

3 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. McCarty v. McCartySupreme Court of the United States · 1981
  2. Ronald J. Cornetta v. The United States of America and John Lehman, Secretary of the NavyCourt of Appeals for the Federal Circuit · 1988
  3. Arthur J. McGowan v. Gerald R. Scoggins Richard B. Kloskinski Harold v. Breiding James A. Etheridge, Jr. Ward R. Wilder and Bruce JohnsonCourt of Appeals for the Ninth Circuit · 1989
  4. In the Matter of James Stewart Legare Haynes, Sr. And Joanne Grace Haynes, Debtors. Appeal of Ward W. MillerCourt of Appeals for the Seventh Circuit · 1982
  5. In Re Marriage of MilhanCalifornia Supreme Court · 1980

15 more not listed; retrieve them via the Exa API.

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